University of Cambridge Faculty of law Tripos INTELLECTUAL PROPERTY Breach of Confidence/Trade Secrets Lionel Bently March 10 & March11‚ 2011: The Basics April 28: Employees May 2: Privacy and Publicity March 7 and 11‚ 2011 BREACH OF CONFIDENCE: THE BASICS Bently & Sherman (3d ed)‚ 1003-1066 ***Coco v Clark [1969] RPC 41 *A-G v Guardian (No.2) [1988] 3 All ER 545 **Campbell v MGN [2004] 2 AC 457 **Douglas v Hello [2008] 1 AC 1‚ 45-50 (paras 108-28 per
Premium
Case Study Common Law Table of Contents case 1 3 Negligence 4 Donoghue v Stevenson. 4 Element of Negligence 5 Duty of Care: 5 The case of Ryan v Ireland 1989 5 Breach of the duty of care: 6 causation: 7 The Egg-shell skull rule 7 In the case of Vosburg v Putney 7 The type of the injury: 9 Contributory negligence: 9 Badger v. The minister of defence EWCH 2005 10 The limitation Period 11 Case two 11 David Walsh v. Jones Lang Lasalle Ltd [2007] IEHC 28. 12 Vicarious
Premium Tort law Tort Negligence
is injured by another employee. NOTE: • Employees may also be able to recover from statutory workers compensation schemes. • Employees’ rights at common law may be restricted by the same schemes. • e.g. WorkCover Queensland Act 1996 Other Possible Causes of Action Against an Employer • The tort of breach of statutory duty (separate tort). • Breach of an express or implied term of the contract of employment (contracts). • Non-employees may be able to sue an employer on general negligence
Premium Tort Law Tort law
will turn to established categories of case rather than to broad universal principles in order to reach their decisions. There is a distinction between ‘losses caused by words’ and losses caused by acts’ is not a reliable way to divide the case law. It is now clear that Hedley Byrne v Heller extends beyond losses caused by statements. Certainly‚ it extends to professional services more broadly. This is in itself a good
Premium Tort Negligence Tort law
Topic/Subtopic Cases/Law Facts /Quotation/Principle/Definition Negligence. Definition Blyth v Birmingham Waterworks Co (1856) 11 Ex. 781‚ per Alderson B ‘Negligence is the omission to do something which the reasonable man‚ guided upon those considerations which ordinarily regulate the conduct of human affairs‚ would do‚ or do something which a prudent and reasonable man would not do.’ The tort of negligence Negligence is about fault based liability. The plaintiff must prove on the balance
Premium Tort Tort law Duty of care
sympathetic employee that you do not want in the court room. * Consideration that the judges take on * Ex: Hypo – Runner is in the course of business‚ and doing it in a manner in a manner which he would expect him to do it. The law firm would be responsible if he ran a stop sign and hurt someone. * Rationale: The employee is better able to pay the victim. The employer is getting the benefit of the employees work‚ so it makes sense. Also sometime si si impossible to tell
Premium Tort law Common law Tort
The jewelry store sued Software Inc. for the value of the ring The jewelry store cannot recover from Software. Respondeat Superior is A legal doctrine‚ most commonly used in tort‚ that holds an employer or principal legally responsible for the wrongful acts of an employee or agent‚ if such acts occur within the scope of the employment or agency. Here C went to the mall to buy a present for his wife‚ not on the business of Soft. Will Software Inc. be liable to the owners of Jimmy’s Bar? What
Premium Employment Acts of the Apostles Tort law
may be caused deliberately or carelessly * One person’s single harmful act to another person (deliberately or carelessly) can give rise to one or more legal liabilities * Legal Liabilities * Tortious Liability: harmful act can be a tort (civil wrong)‚ other than breach of contract‚ remedy is compensation (commenced through litigation) * Vicarious Liability: Liability for harmful act caused by another * Statutory liability: harmful act by breach of statute‚ prosecution
Premium Tort Tort law
personal injury or death‚ and property damage arising out of the negligent act or omission of a professional‚ ie‚ pharmacist‚ physician‚ attorney‚ architect‚ engineer‚ in performance of their professional activities. How can liability arise? Contract Tort Statute and regulations e.g. Supply of Goods and Services Act‚ Building Regs. Express terms Implied terms Negligence ‘Nonnegligence’ Liabilities co-exist‚ also with overlaps between categories Negligence • The omission to do something
Premium Tort law Tort Negligence
doctrine of joint and several liability with one in which the liability of codefendants to the plaintiff is apportioned according to each defendant ’s respective fault. According to Disney‚ this Court in Hoffman set for itself the goal of creating a tort system that fairly and equitably allocated damages according to the degrees of fault. Therefore‚ a defendant should only be held responsible to the extent of his fault in the same way as
Premium Tort law Tort Law